Last Updated: March 23th, 2022
The following terms andconditions govern all use of the Clickout website ("the Website").The Website is offered subject to your acceptance without modification of allof the terms and conditions contained herein and all other operating rules,policies (including, without limitation, Clickout’s Privacy Policies) andprocedures that may be published from time to time on this Site by Clickout(collectively, the "Agreement").
Please read this Agreementcarefully before accessing or using the Website. By accessing or using any partof the web site, you agree to become bound by the terms and conditions of thisagreement. If you do not agree to all the terms and conditions of thisagreement, then you may not access the Website or use any services. If theseterms and conditions are considered an offer by Clickout, acceptance isexpressly limited to these terms. The Website is available only to individualswho are at least 13 years old.
Subject to the terms and conditions ofthis Agreement, the Service is solely for User's personal use. As used herein,"User" includes Clickout’s paying customers ("Customers").This Agreement sets forth certain terms and conditions that apply to Customers,but not other Users. In the event any Customer-specific terms or conditionsconflict with any of the terms or conditions that apply to Users generally, theCustomer-specific terms/conditions shall control.
Clickout may change, suspend ordiscontinue the Services at any time, including the availability of anyfeature, database, or content. Clickout may also impose limits on certainfeatures and services or restrict User's access to parts or all of the Serviceswithout notice or liability.
User certifies to Clickout that if User isan individual (i.e. not a corporation), User is at least 13 years of age. Useralso certifies that it is legally permitted to use the Service, and takes fullresponsibility for the selection and use of the Service. This Agreement is voidwhere prohibited by law, and the right to access the Service is revoked in suchjurisdictions.
User shall not, nor permit anyone else to,directly or indirectly: (i) reverse engineer, disassemble, decompile orotherwise attempt to discover the source code or underlying algorithms of allor any part of the Service (except that this restriction shall not apply to thelimited extent restrictions on reverse engineering are prohibited by applicablelocal law); (ii) modify or create derivatives of any part of the Service; (iii)rent, lease, or use the Service for timesharing or service bureau purposes; or (iv)remove or obscure any proprietary notices on the Service. As between theparties, Company shall own all title, ownership rights, and intellectualproperty rights in and to the Service, and any copies or portions thereof.
User shall not use any "deep-link","page-scrape", "robot", "spider" or otherautomatic device, program, algorithm or methodology, or any similar orequivalent manual process, to access, acquire, copy or monitor any portion ofthe Service or any Content, or in any way reproduce or circumvent thenavigational structure or presentation of the Service or any Content, to obtainor attempt to obtain any materials, documents or information through any meansnot purposely made available through the Service. Clickout reserves the right to bar any such activity.
User shall not attempt to gainunauthorized access to any portion or feature of the Service, or any othersystems or networks connected to the Service or to any Clickout server, or toany of the services offered on or through the Service, by hacking, password"mining", or any other illegitimate means.
User shall not probe, scan or test thevulnerability of the Service or any network connected to the Service, norbreach the security or authentication measures on the Service or any network connectedto the Service.User shall not take any action thatimposes an unreasonable or disproportionately large load on the infrastructureof the Service or Clickout’s systems or networks, or any systems or networksconnected to the Service or to Clickout.
User shall not use any device, software orroutine to interfere or attempt to interfere with the proper working of theService or any transaction being conducted on the Service, or with any otherperson's use of the Service.
User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.
Optional premium paidservices are available on the Website. By selecting a premium service you agreeto pay Clickout the monthly or annual subscription fees indicated for thatservice. Payments will be charged on the day you sign up for a premium serviceand will cover the use of that service for a monthly or annual period asindicated. Premium service fees are not refundable.
As a condition to using certain productsand services of the Service, User may be required to register with Clickout andselect a password. User shall provide Clickout with accurate, complete, andupdated registration information. Failure to do so shall constitute a breach ofthis Agreement, which may result in immediate termination of User's account. Clickoutreserves the right to refuse registration of, or cancel a Clickout User in itsdiscretion. User shall be responsible for maintaining the confidentiality ofUser's Clickout password and other account information.
Clickout may terminate your access to allor any part of the Website at any time, with or without cause, with or withoutnotice, effective immediately. If you wish to terminate this Agreement or your Clickoutaccount (if you have one), you may simply discontinue using the Website.Notwithstanding the foregoing, if you have a paid account, such account canonly be terminated by Clickout if you materially breach this Agreement and failto cure such breach within thirty (30) days from Clickout's notice to youthereof; provided that, Clickout can terminate the Website immediately as partof a general shut down of our service. All provisions of this Agreement whichby their nature should survive termination shall survive termination,including, without limitation, ownership provisions, warranty disclaimers,indemnity and limitations of liability.
User agrees that all content and materials(collectively, "Content") delivered via the Service or otherwise madeavailable by Clickout at the Site are protected by copyrights, trademarks,service marks, patents, trade secrets or other proprietary rights and laws.Except as expressly authorized by Clickout in writing, User agrees not to sell,license, rent, modify, distribute, copy, reproduce, transmit, publicly display,publicly perform, publish, adapt, edit or create derivative works from suchmaterials or content.
Clickout reserves the right, at its solediscretion, to modify or replace any part of this Agreement. It is yourresponsibility to check this Agreement periodically for changes. Your continueduse of or access to the Website following the posting of any changes to thisAgreement constitutes acceptance of those changes. Clickout may also, in thefuture, offer new services and/or features through the Website (including, therelease of new tools and resources). Such new features and/or services shall besubject to the terms and conditions of this Agreement.
If User is a Customer, Clickout makes thefollowing warranty to Customer: Clickout shall use commercially reasonableefforts consistent with prevailing industry standards to provide the servicesin a professional and workmanlike manner that is free of defects. Customer'ssole remedy, and Clickout's exclusive liability, for defects in the Serviceshall be for Clickout to use commercially reasonable efforts to promptlycorrect such defects.
Customer represents and warrants that: (i)with respect to all information it provides to Clickout (such as, RecipientInformation), Customer has the full right and authority to make such provisionand to allow Clickout to use such information to provide the Service(including, without limitation, for Clickout to provide such information to itsdata providers), (ii) none of the content (e.g. emails) transmitted, uploadedor otherwise distributed by it (or its partners or any third party) through useof the Service will infringe or otherwise conflict with the rights of any thirdparty.
The Website is provided "as is".Clickout and its suppliers and licensors hereby disclaim all warranties of anykind, express or implied, including, without limitation, the warranties ofmerchantability, fitness for a particular purpose and non-infringement. NeitherClickout nor its suppliers and licensors, makes any warranty that the Websitewill be error free or that access thereto will be continuous or uninterrupted.You understand that you download from, or otherwise obtain content or servicesthrough, the Website at your own discretion and risk.
In no event will Clickout, or itssuppliers or licensors, be liable with respect to any subject matter of thisagreement under any contract, negligence, strict liability or other legal orequitable theory for: (i) any special, incidental or consequential damages;(ii) the cost of procurement or substitute products or services; (iii) forinterruption of use or loss or corruption of data; or (iv) for any amounts thatexceed the fees paid by you to Clickout under this agreement during the twelve(12) month period prior to the cause of action. Clickout shall have noliability for any failure or delay due to matters beyond their reasonablecontrol. The foregoing shall not apply to the extent prohibited by applicablelaw.
You represent and warrant that (i) youruse of the Website will be in strict accordance with the Clickout PrivacyPolicy, with this Agreement and with all applicable laws and regulations(including without limitation any local laws or regulations in your country,state, city, or other governmental area, regarding online conduct and acceptablecontent, and including all applicable laws regarding the transmission oftechnical data exported from the country in which you reside) and (ii) your useof the Website will not infringe or misappropriate the intellectual propertyrights of any third party.
All content included on the Site, such astext, graphics, logos, button icons, images, audio clips, digital downloads,data compilations, and software, is the property of Clickout or its contentsuppliers and protected by United States and international copyright laws. Thecompilation of all content on the Site is the exclusive property of Clickoutand protected by international copyright laws. All software used on (orprovided through) the Site is the property of Clickout or its softwaresuppliers and protected by international copyright laws.
You agree to indemnifyand hold harmless Clickout, its contractors, and its licensors, and theirrespective directors, officers, employees and agents from and against any andall claims and expenses, including attorneys' fees, arising out of your use ofthe Website, including but not limited to out of your violation this Agreement.
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